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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER DINSTITUTIONAL PHARMACY (CLASS C)
RULE §291.76Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center

    (F) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for issuance and renewal of a license and the issuance of an amended license.

    (G) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.

    (H) An ASC pharmacy, licensed under the Act, §560.051(a)(3), concerning institutional pharmacy (Class C), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1), concerning community pharmacy (Class A), or the Act, §560.051(a)(2), concerning nuclear pharmacy (Class B), is not required to secure a license for the other type of pharmacy; provided, however, such license is required to comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), and §291.35 of this title (relating to Official Prescription Requirements), or §291.51 of this title (relating to Purpose), §291.52 of this title (relating to Definitions), §291.53 of this title (relating to Personnel), §291.54 of this title (relating to Operational Standards), and §291.55 of this title (relating to Records), contained in Nuclear Pharmacy (Class B), to the extent such sections are applicable to the operation of the pharmacy.

    (I) An ASC pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title.

    (J) ASC pharmacy personnel shall not compound sterile preparations unless the pharmacy has applied for and obtained a Class C-S pharmacy license.

    (K) An ASC pharmacy engaged in the provision of remote pharmacy services, including storage and dispensing of prescription drugs, shall comply with the provisions of §291.121 of this title (relating to Remote Pharmacy Services).

    (L) An ASC pharmacy engaged in centralized prescription dispensing and/or prescription drug or medication order processing shall comply with the provisions of §291.123 of this title (relating to Central Prescription Drug or Medication Order Processing) and/or §291.125 of this title (relating to Centralized Prescription Dispensing).

  (2) Environment.

    (A) General requirements.

      (i) Each ambulatory surgical center shall have a designated work area separate from patient areas which shall have space adequate for the size and scope of pharmaceutical services and shall have adequate space and security for the storage of drugs.

      (ii) The ASC pharmacy shall be arranged in an orderly fashion and shall be kept clean. All required equipment shall be clean and in good operating condition.

    (B) Special requirements.

      (i) The ASC pharmacy shall have locked storage for Schedule II controlled substances and other controlled drugs requiring additional security.

      (ii) The ASC pharmacy shall have a designated area for the storage of poisons and externals separate from drug storage areas.

    (C) Security.

      (i) The pharmacy and storage areas for prescription drugs and/or devices shall be enclosed and capable of being locked by key, combination, or other mechanical or electronic means, so as to prohibit access by unauthorized individuals. Only individuals authorized by the pharmacist-in-charge may enter the pharmacy or have access to storage areas for prescription drugs and/or devices.

      (ii) The pharmacist-in-charge shall consult with ASC personnel with respect to security of the drug storage areas, including provisions for adequate safeguards against theft or diversion of dangerous drugs and controlled substances, and to security of records for such drugs.

      (iii) The pharmacy shall have locked storage for Schedule II controlled substances and other drugs requiring additional security.

  (3) Equipment and supplies. Ambulatory surgical centers supplying drugs for postoperative use shall have the following equipment and supplies:

    (A) data processing system including a printer or comparable equipment;

    (B) adequate supply of child-resistant, moisture-proof, and light-proof containers; and

    (C) adequate supply of prescription labels and other applicable identification labels.

  (4) Library. A reference library shall be maintained that includes the following in hard copy or electronic format and that pharmacy personnel shall be capable of accessing at all times:

    (A) current copies of the following:

      (i) Texas Pharmacy Act and rules;

      (ii) Texas Dangerous Drug Act and rules;

      (iii) Texas Controlled Substances Act and rules;

      (iv) Federal Controlled Substances Act and rules or official publication describing the requirements of the Federal Controlled Substances Act and rules;

    (B) at least one current or updated general drug information reference which is required to contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken; and

    (C) basic antidote information and the telephone number of the nearest regional poison control center.

  (5) Drugs.

    (A) Procurement, preparation, and storage.

      (i) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff of the facility, relative to such responsibility.

      (ii) The pharmacist-in-charge shall have the responsibility for determining specifications of all drugs procured by the facility.

      (iii) ASC pharmacies may not sell, purchase, trade, or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).

      (iv) All drugs shall be stored at the proper temperatures, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).

      (v) Any drug bearing an expiration date may not be dispensed or distributed beyond the expiration date of the drug.

      (vi) Outdated drugs shall be removed from dispensing stock and shall be quarantined together until such drugs are disposed of.

    (B) Formulary.

      (i) A formulary may be developed by an appropriate committee of the ASC.

      (ii) The pharmacist-in-charge or consultant pharmacist shall be a full voting member of any committee which involves pharmaceutical services.

      (iii) A practitioner may grant approval for pharmacists at the ASC to interchange, in accordance with the facility's formulary, for the drugs on the practitioner's medication orders provided:

        (I) a formulary has been developed;

        (II) the formulary has been approved by the medical staff of the ASC;

        (III) there is a reasonable method for the practitioner to override any interchange; and

        (IV) the practitioner authorizes a pharmacist in the ASC to interchange on his/her medication orders in accordance with the facility's formulary through his/her written agreement to abide by the policies and procedures of the medical staff and facility.

    (C) Prepackaging and loading drugs into automated medication supply system.

      (i) Prepackaging of drugs.

        (I) Drugs may be prepackaged in quantities suitable for distribution to other Class C pharmacies under common ownership or for internal distribution only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.

        (II) The label of a prepackaged unit shall indicate:

          (-a-) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;

          (-b-) facility's lot number;

          (-c-) expiration date;

          (-d-) quantity of the drug, if quantity is greater than one; and

          (-e-) if the drug is distributed to another Class C pharmacy, name of the facility responsible for prepackaging the drug.

        (III) Records of prepackaging shall be maintained to show:

          (-a-) the name of the drug, strength, and dosage form;

          (-b-) facility's lot number;

          (-c-) manufacturer or distributor;

          (-d-) manufacturer's lot number;

          (-e-) expiration date;

          (-f-) quantity per prepackaged unit;

          (-g-) number of prepackaged units;

          (-h-) date packaged;

Cont'd...

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